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ukboy Member Member # 7037	Posted July 02, 2003 11:34 AM Can anyone advise what is the time limit after HSMP is approved to enter UK, Can I delay for 6 months after getting HSMP. Please advise
Kayalami Member Member # 5984	Posted July 03, 2003 05:11 PM 6 month delay won't be a problem immigrationwise but you need to be aware of the following: 1. visa nationals - you need a visa to come to the UK for any purpose. Before Sep 2000 a visa issued to you would be valid for presentation at a UK Port of Entry (POE) within 6 months of its issue. This visa allowed you to travel to the UK upon where the immigration officer gave you leave (permission) to enter the UK to the length of your reason for entering the UK e.g. if coming as a student on a 4 year course you would get a 4 year visa at the POE from the date you arrived at the POE. It did not necessarily follow you would get the full 4 years - you may have only got 1. If you did not go to the UK before the six months of your visa it was no longer valid. Under changes to the Immigration Rules in Oct 2000 any visa issued automatically counts as leave (permission) to enter the UK. Consequently the issuance of visas got tightened. The IO at a POE now tends to check the authenticity of the visa and that the passenger is the genuine holder of the travel document but will rarely query the passenger as all facts should have been verified by the embassy abroad. However the IO has the power to revoke the visa. Because the visa now counts as leave to enter it starts running from the date it was issued. If you are a visa national your HSMP visa has started running. You are free to enter the UK at any time within its validity. However if you intend to look for jobs beware that this will take time. Renewal of the HSMP for a further period to a max of 3 years to make 4 years on HSMP is subject to your economic activity in the initial 1 year. The current job market is tough and many posters on this board have certainly found it challenging getting jobs whilst in the UK let alone from abroad. 2. non visa nationals - need visas to travel to the UK only for long stay categories primarily settlement. When you get HSMP approval you can travel to the UK and get issued a HSMP entry stamp at a POE. The 1 year starts from the date you enter the UK. The advantage of this is that you don't have to immediatley travel to the UK to get the HSMP status and secure it compared to a visa national. However this policy is set to change in November 2003. All non non visa nationals except EEA/EU nationals and their family members will require entry clearance (visas) if coming to the UK for more than 6 months e.g WP, Student, HSMP etc. The scheme will start off with ten countries whose nationals make most use of their 'visa free ability' and can stay beyond six months but will be rolled out to other countries in 2004. The HSMP clock count criteria in this case becomes like that of visa nationals. The scheme is clearly targetted at raising revenue from students and Work Permit holders of non visa nationals On the other hand it will speed up flows at Immigration Counters as Immigration Officers will now focus on short term visitors. Good Luck [ July 03, 2003: Message edited by: Kayalami ] -------------------- ---audi alteram partem---
sid Junior Member Member # 7089	Posted July 04, 2003 02:05 PM Kayalami, I would like to seek your expert advise in this regaard. I have been approved for HSMP. Iam an Indian and my visit visa to the UK expires in september this year. I intend to plan my entry into the UK after i have found myself a suitable job. In the meanwhile i would require to travel to the UK for job search, attending inerviews etc. In that case, would you suggest that i immdeialtely apply for entry clearance under HSMP or should i apply for a visit visa for the next 6 months and delay the HSMP clock by a few more months? Is it possible to delay the entry into UK (under HSMP) by 6 months or so from the date of approval?
Kayalami Member Member # 5984	Posted July 04, 2003 03:24 PM Congratulations on attaining the HSMP. Using a visit visa will be useful in that it delays you having to apply for an HSMP visa which is activated immediatley its granted. Note that you cannot change from a visit visa to HSMP whilst in the UK. Responses and other information that is useful to your other queries may be found in my answer to the original post - saves me repeating myself . -------------------- ---audi alteram partem---
ukboy Member Member # 7037	Posted July 05, 2003 10:15 AM Hi, Kayalami Thanks for your answer. If Iam approved for HSMP.can I delay in applying for the entry clearence for 6 months.And then after 6 months apply for the entry clearence and enter UK.
Kayalami Member Member # 5984	Posted July 05, 2003 11:13 AM Yes -------------------- ---audi alteram partem---
ukboy Member Member # 7037	Posted July 05, 2003 11:32 AM Thanks, Does my HSMP 1 year clock period start when my HSMP results are declared or is it when you apply and get cleared from the entry clearence officer. Sorry if Iam asking too much
Bobblewait Member Member # 6527	Posted July 05, 2003 01:26 PM I think Kayalami said above it starts from the time you enter the UK on an HSMP visa. Kayalami how long can someone who has been HSMP approved delay applying for his HSMP visa without losing his eligibility? Thanks
ukboy Member Member # 7037	Posted July 06, 2003 11:44 AM Please any one can answer Bobblewait question.
Kayalami Member Member # 5984	Posted July 11, 2003 03:43 PM The HSMP approval letter for entry clearance application is valid for 3 months. If you apply for HSMP entry clearance and obtain it you may enter the UK at any time of its validity including six months after its issuance - note that this may make it more difficult to find employment in the 1st year which is crucial to renewal of HSMP status for a further 3 years. You can get more details from the Entry Clearance Officer at your nearest British Embassy. Good Luck [ July 11, 2003: Message edited by: Kayalami ] -------------------- ---audi alteram partem---
logicators Junior Member Member # 7071	Posted July 11, 2003 04:54 PM Kaylami, I am a bit confused. Are you saying that once receive HSMP approval, you have 3 months to apply for entry clearence. After receiving entry clearence, you have another 6 months to enter the UK. (it makes it a total of 9 months after receiving the HSMP approval) Now what? 1) Once you enter, your one year clock starts and after one year you have to apply for the 3 year extension. OR 2) You mean that the person will have only 6 months left to apply for extension since the person entered 6 months after entry clearence 3) You mean that the person will have only 3 months left to apply for extension since the person received HSMP approval and waited for 3 months before applying for entry clearence and entered 6 months after receiving entry clearence Can you please clarify on which one of the above is true? Thanks, logicators
Kayalami Member Member # 5984	Posted July 11, 2003 05:31 PM logicators, I understand HSMP can be confusing. Perhaps review of successful process will assist: 1. Oveseas applicant sends HSMP application form to Work Permits UK. 2. Work permits UK approve HSMP application. 3. Work Permits UK send HSMP approval letter to overseas applicant and advise him/ her to apply for entry clearance if applicable. This letter is valid for 3 months to apply for an entry clearance. I am presuming that the applicant can ask WP UK to issue another letter if need be as your skill set is unlikely to change in 3 months as Highly Skilled individual. 4. Overseas applicant applies for entry clearance at British Embassy. This is granted for one year e.g. if you apply on 1 January 2003 the visa is valid to 1 January 2004. It is then up to the applicant to decide when to go to the UK. 5. The applicant should apply for an extension at the end of the one year granted so in this example it would be by 1 January 2004. The Home Office advise applicants to apply 4 weeks before the expiry date in case they need to send the application back for corrections. 6. When the applicant applies for HSMP renewal the HO will consider economic activity in the UK only in that 1 year on HSMP. If as some HSMP applicants have said they will only come for six months it can be interpreted by the HO that you don't really intend to make the UK your home which the HSMP requires. Also you have a shorter period to prove yourself worthy of HSMP renewal. I hope that's a bit more clear now -------------------- ---audi alteram partem---
ktdt77 Member Member # 3749	Posted July 12, 2003 04:06 PM What if you not entered in UK during that period or just gone for few interviews.... Though I feel the chances for extension is week however do you feel one can still apply for extension from outside UK on some ground such as extensive training in other country which increases the prospects now. Thanks
Kayalami Member Member # 5984	Posted July 14, 2003 08:00 PM -------------------------------------------------------------------------------- What if you not entered in UK during that period or just gone for few interviews.... >>>What period? Though I feel the chances for extension is week however do you feel one can still apply for extension from outside UK on some ground such as extensive training in other country which increases the prospects now. >>>You can only apply for an extension to remain in the UK on HSMP after the intial 12 months ONLY while you are in the UK. An extension of up to 3 years may be granted giving the applicant a maximum stay of 4 years on HSMP status. -------------------- ---audi alteram partem---
Eugene Junior Member Member # 6955	Posted July 16, 2003 12:30 PM Hi Kayalami, Thank you for the answers. My situation is little bit different-I was granted HSMP in March and didn't receive the approvement letter from WO UK, but through the local UK embassy. They told me that I have to get my visa until September, however I don't understand during which period of time I can go to the UK after getting the visa. I would prefer to postpone it for another 5-6 months. Is it possible? Thank you in advance.
Kayalami Member Member # 5984	Posted July 16, 2003 02:02 PM Once you get the HSMP visa you are free to go to the UK anytime within its validity. -------------------- ---audi alteram partem---
Eugene Junior Member Member # 6955	Posted July 16, 2003 02:32 PM Thanks, But do you know what it's validity in general terms?
Kayalami Member Member # 5984	Posted July 16, 2003 02:34 PM 12 months -------------------- ---audi alteram partem---
Eugene Junior Member Member # 6955	Posted July 16, 2003 02:53 PM Therefore, if I understand you right, one has about 1.5 year from the moment they received HSMP until the entry visa validity expiration ( for no-visa countries ). Is it correct? Thanks a lot for your help.
ktdt77 Member Member # 3749	Posted July 17, 2003 03:38 PM quote: Originally posted by Kayalami: -------------------------------------------------------------------------------- What if you not entered in UK during that period or just gone for few interviews.... >>>What period? the HSMP period...I have consulting assignment in europe which I now increases the chances of getting job prospect/self employement. Though I feel the chances for extension is week however do you feel one can still apply for extension from outside UK on some ground such as extensive training in other country which increases the prospects now. >>>You can only apply for an extension to remain in the UK on HSMP after the intial 12 months ONLY while you are in the UK. An extension of up to 3 years may be granted giving the applicant a maximum stay of 4 years on HSMP status. The problem is I am still outside UK in europe and plan to go back to UK only in sep to apply for extension and remains there... pl guide..
Kayalami Member Member # 5984	Posted July 17, 2003 06:34 PM Euegene, The reason you received the letter from the embassy is because the direct application to Work Permits UK and also direct response from WP UK started for HSMP applications as of 1 April 2003. A transition arrangement was in place for submissions to the local embassy until 1 May 2003. This process change as a minimum saves the UK tax payer significant costs of postage previously incurred by the local embassy and frees up embassy staff to concentrate on entry clearance matters. I am not sure how you came up with the 1.5 years you mention but you have two options on UK entry: 1. If a visa national wait till you are ready to enter the UK then apply for the HSMP visa. The 12 month visa if granted starts running from the date its issued. 2. If a non visa national then travel to the UK and at the Port Of Entry show the HSMP letter from local embassy. Your passport will be endorsed with a 12 month entry stamp under HSMP status. You should make sure you apply for the visa or enter the UK within the validity of the HSMP acknowledgment letter (I presume its valid to September). If you don't want to use up the HSMP visa you can travel to the UK on a tourist visa to undertake pre-arranged interviews. Saying you are going to look for employment to the embassy official or at the POE is a definite ground for refusal. However attending pre-arrange interviews is different and is allowed. ktd77, I am assuming you are asking as to the probability of successful extension where you have only spent a minmum of time in the UK? Practically NIL is the answer. The HSMP requires you to make the UK your main home. Unless you could demonstrate that your time overeas is for: 1. business reasons based on HSMP i.e. your UK based employer is sending you for contracts abroad or 2. you are self employed and have contracts requiring extensive overseas travel and 3. In the case of both National Insurance and Income Tax are paid (more of an issue with self employment as you will have to provide tax returns) then the HO will rightly take the view that you don't actually reside in UK and don't inted to find employment/ self employment and thus HSMP is not appropriate for you. If you are very lucky you may get a short term extension maybe 1 year to prove to the HO you are serious about HSMP. You may wish to obtain further legal advise on your position. http://www.oisc.org.uk/home.stm Hope that helps and Good Luck -------------------- ---audi alteram partem---
Eugene Junior Member Member # 6955	Posted July 21, 2003 07:44 AM Thanks Kayalami, I am from no-visa country, hoewever i was advised by the local embassy that my passport should be stamped by them and not in the POE. I thougt I will have a time between my passport is stamped and the HSMP clock begins to tick.